Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

Dwayne Jackson appeals an order denying his motion for resentencing. He argues that the trial court unreasonably drew an inference from his sporadic employment record that he supported himself by selling drugs and that this inference created a risk of ...

“We will not hold that the legislature intended to proscribe the circuit court from making this finding. In fact, we believe that the circuit court, in making this finding and in referring the ‘same or substantially the same territory’ finding ...

Deborah Dodski appeals her judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), first offense. Dodski argues that the warrantless draw of her blood for noncriminal OWI violates the Fourth Amendment. We reject ...

However, we also agree with defendants that portions of the injunction are impermissibly vague. “Twenty-five foot restriction. Appellants also challenge the provision of the injunction that prohibits them from ‘[s]tanding, sitting, walking, driving, gathering or appearing anywhere in public view ...

Patrick Peterson appeals from a judgment of conviction for first-degree intentional homicide and hiding a corpse, and from an order denying postconviction relief. Peterson asserts that he should be allowed to withdraw his guilty plea to the homicide charge because ...

“In addition to VanLaarhoven’s implied consent to a chemical analysis of his breath, blood or urine, he was given the information in the Informing the Accused form twice-once before a breath sample was attempted and again before the blood sample ...

Peter Grandaw appeals from a circuit court order affirming his parole revocation. Grandaw, whose parole was revoked because he sexually assaulted two women, seeks a new revocation hearing on grounds that he was denied due process at the hearing because ...

“Second, for purposes of probable cause to arrest, the police were entitled to rely on information from a known and reliable informant without independently determining the reliability of the informant’s source or the source’s information. …McAttee cites no authority requiring ...

Mark Rayford appeals the judgment of conviction entered after Rayford entered Alford no contest pleas to one count of first-degree reckless injury and one count of attempted homicide. Rayford argues that the trial court erred in denying his motion to ...

Spencer Hutchinson appeals from a judgment dismissing his action and ordering him to pay $23,031 in attorney’s fees as a sanction for his egregious conduct in violating discovery orders. Hutchinson argues that the trial court erred in: (1) finding that ...

William F. Baskin appeals from a judgment, entered on his guilty pleas, convicting him of unlawfully carrying a concealed weapon and possession of tetrahydrocannabinols. He challenges the trial court’s denial of his suppression motion. We reverse. This opinion will not ...

James C. Thomson appeals from the grant of summary judgment awarded to United Water Services Milwaukee LLC, and United Water Resources Inc. (collectively, UW), dismissing his breach of contract action. Thomson contends that the circuit court erred in granting summary ...

Rick Norem appeals from an order denying his motion for sentence modification. Norem argues that the circuit court erred when it concluded that Norem failed to demonstrate the existence of a new factor that would allow the court to consider ...

Otto Mogged III appeals an order vacating a previous maintenance determination and setting maintenance at $2,000 per month. Otto argues that the trial court erroneously exercised its discretion when it failed to apply the “extraordinary circumstances” test and failed to ...

“Allowing former employees to complain about postemployment discrimination that does not involve retaliation would actually hurt them, in the same way that denying them protection against retaliation would hurt them: it would create perverse incentives. Since there is no legal ...

Ruth A. Ruege appeals from the judgment dismissing this action. Ruege argues on appeal that her informed consent cause of action should not have been dismissed by directed verdict and that the court improperly excluded certain testimony. Because we conclude ...

“Bobbitt attempts to blame her untimely receipt of the right-to-sue notice on her ‘extensive travel schedule.’ Her argument is without merit. The notice was issued on Aug. 11, 1999. According to the very facts pleaded by Bobbitt, she did not ...

Jeffrey Vis appeals from a judgment dismissing his claim against Cushman, Inc. for injuries he sustained when the brakes failed on a motorized garbage cart manufactured by Cushman. Vis challenges the trial court’s failure to grant summary judgment as a ...

“The possession, receipt and shipping of child pornography directly victimizes the children portrayed by violating their right to privacy, and in particular violating their individual interest in avoiding the disclosure of personal matters. See Ferber, 458 U.S. at 759 n.10 ...

Don Simpson Jr. appeals from a judgment convicting him of two counts of delivering cocaine base within one thousand feet of a school as a repeater. He challenges three evidentiary decisions and the trial court’s jury instructions. We affirm. This ...

“Businesses such as C&I’s lot that can be observed by anyone passing on the street lack any comparable privacy interest. An open gate invites entry, and a chain-link fence does little to assert a privacy interest (as opposed to a ...

Ramon Sanchez-Diaz, pro se, appeals from a judgment convicting him of first-degree intentional homicide and second-degree sexual assault. He also appeals from the trial court’s order denying his motion for a new trial. He argues: (1) that the trial court ...

“Nothing in sec.3663A(a)(3) prescribes how a defendant may exercise the option to make restitution to persons other than the victims of the crimes of conviction. Peterson believes that this open-endedness, combined with the Rule of Lenity, equals a requirement that ...

Daniel K. Nett appeals from the judgment of conviction entered against him. He argues on appeal that the trial court improperly allowed the introduction of other acts evidence. Because we conclude that the evidence was properly admitted, we affirm. This ...

Parish M. Golden appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issues on appeal are whether Golden received ineffective assistance of trial counsel and whether the trial court erred ...

“The court’s award of fees for overtrial is consistent with the policy underlying fee awards approved in prior appellate cases. Zhang’s appeal of issues lacking arguable merit unnecessarily and unfairly added to the time and expense for Yu’s attorney to ...

Bernard J. McCoy appeals from a judgment entered on a jury verdict finding him guilty of delivery of fewer than five grams of cocaine, within 1,000 feet of a school, as party to a crime. He also appeals from the ...

“As a matter of law, Tele-Port’s obvious concern about Car Phones+’s significant success in the market, combined with what Gary Rosenberg told his brother and Tele-Port’s own receipt of money apart from the cooperative advertising funds, gave Tele-Port sufficient information ...

Jeffrey J. Mawhinney was charged with operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration, both as first offenses. He moved to suppress the results of a blood alcohol test. The circuit court ...

“Thus, when the description and map contained in the petition are viewed together, there can be no doubt as to the location of the territory sought to be incorporated. The territory was clearly identifiable and could be ascertained by the ...